GDPR(General Data Protection Regulation)

On 25 May 2018, the General Data Protection Regulation (GDPR)  will be enforced across Europe, including the UK. The law aims to give citizens more control over their data and to create a uniformity of rules to enforce across the continent. Click here to download the GDPR leaflet.

Collecting GP data for COVID-19 planning and research purposes

We are collecting and centralising data from GP practices to share for planning and research into COVID-19, on the request of the British Medical Association (BMA) and the Royal College of General Practitioners (RCGP). This reduces the burden on general practices during the COVID-19 outbreak.

Over 94% of practices have responded to the Data Provision Notice (DPN) to allow us to collect this data – thank you for your help. If your practice has not done so already, please register your participation on the Calculating Quality Reporting Service (CQRS).

You will need to update your transparency notice on your website to include details of this collection. We have produced a template general practice transparency notice which you can use to keep your patients informed of these changes.

Data will only be made available in response to appropriate requests from data applicants who need it for coronavirus purposes including improving care, disease monitoring, planning and research. More information on how to request this data can be found on the NHS Digital GPES data for pandemic planning and research webpage.

OHP Privacy Notice

This privacy notice explains why the GP Practice collects information about you, and how that information may be used.

As data controllers, GPs have responsibilities which are regulated by law under the General Data Protection Regulations. This means ensuring that your personal confidential data (PCD) is handled in ways that are safe, transparent and what you would reasonably expect.

Patient Data Request Handling and Data Processor Usage

We use a processor, iGPR Technologies Limited(“iGPR”), to assist us with responding to report requests relating to your patient data, such as subject access requests that you submit to us (or that someone acting on your behalf submits to us) and report requests that insurers submit to us under the Access to Medical Records Act 1988 in relation to a life insurance policy that you hold or that you are applying for.

iGPR manages the reporting process for us by reviewing and responding to requests in accordance with our instructions and all applicable laws, including UK data protection laws. The instructions we issue to iGPR include general instructions on responding to requests and specific instructions on issues that will require further consultation with the GP responsible for your care.

Your Personal data – what is it?

Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come in to such possession. The processing of personal data is governed by the General Data Protection Regulation (the ‘GDPR’).

Who are we?

How do we process your personal data?

Health care professionals maintain records about your health and any treatment or care you have received within the NHS (e.g. NHS Hospital Trust, GP Surgery, Walk-in clinic, etc.). These records help to provide the best possible healthcare.

NHS health records may be processed electronically, on paper or a mixture of both, and a combination of working practices and technology are used to ensure that your information is kept confidential and secure. Records held by this GP Practice may include the following information:

•   Details about you, such as address, telephone numbers, DOB and next of kin
•   Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.
•   Notes and reports about your health
•   Details about your treatment and care
•   Results of investigations, such as laboratory tests, x-rays, etc.
•   Relevant information from other health professionals, relatives or those who care for you.

What is the legal basis for processing your personal data?

This GP Practice collects and holds data for the sole purpose of providing healthcare services to our patients and we will ensure that information is kept confidential. We can disclose personal information if:

• It is required by law
• You consent – either implicitly for the sake of your own care or explicitly for other purposes
• It is justified in the public interest

Some of this information will be held centrally and used for statistical purposes. Where we hold data centrally, we take strict measures to ensure that individual patients cannot be identified.

*We as a GP Practice are legally obligated to share your data may with NHS Digital to support coronavirus planning and research. NHS Digital has been legally directed to collect and analyse patient data from GP Practices to support the coronavirus response for the duration of the outbreak.

NHS Digital will become the data controller of the personal data collected and analysed jointly with the secretary of state for Health and Social Care.

The legal basis for sharing your data with NHS Digital* for the COVID-19 response is:

• Legal obligation
• Substantial public interest

What will we share with NHS Digital?

• Patients with date of death after 1 November 2019 whose record contains information relevant to coronavirus planning and research
  • NHS number, postcode, address, surname, forename, sex, ethnicity, date of birth, date of death
  • Diagnoses and findings
  • Medications and other prescribe items
  • Investigations, tests and results
  • Treatments and outcomes
  • Vaccinations and immunisations

How will NHS Digital use and share your data?

They will share it with other appropriate organisations including health and social care organisations, bodies engaged in disease surveillance and research organisations for coronavirus response purposes only.

They share the data to protect public health, plan and provide health, social care and public services, identifying coronavirus trends and risks to public health, monitoring and managing the outbreak and carrying out vital coronavirus research and clinical trials.

For further information on data sharing with NHS Digital please click here.

Sharing your personal data

Sometimes information about you may be requested to be used for research purposes. The Practice will always endeavour to gain your consent before releasing the information.

Under the powers of the Health and Social Care Act 2012 (HSCA) the Health and Social Care Information Centre (HSCIC) can request Personal Confidential Data (PCD) from GP Practices without seeking the patient’s consent. Improvements in information technology are also making it possible for us to share data with other healthcare providers with the objective of providing you with better care.

Any patient can choose to exercise their right of objection specified under the GDPR regarding their PCD being used in this way. When the Practice is about to participate in any new data-sharing scheme we will make patients aware by displaying prominent notices in the surgery and on our website at least four weeks before the scheme is due to start. We will also explain clearly what you have to do to ‘opt-in’ of each new scheme.

Though a patient can object to their personal information being shared with other health care providers but if this limits the treatment that you can receive then the doctor will explain this to you at the time.

Risk Stratification

Risk stratification is a process for identifying and managing patients who are at a higher risk of emergency hospital admission. Typically, this is because patients have a long-term condition such as COPD or cancer. NHS England encourages GPs to use risk stratification tools as part of their local strategies for supporting patients with long-term conditions and to help prevent avoidable admissions.

Information about you is collected from several sources including NHS Trusts and from this GP Practice. A risk score is then arrived at through an analysis of your anonymous information using computer programmes. Your information is only provided back to your GP or member of your care team in an identifiable form. Risk stratification enables your GP to focus on the prevention of ill health and not just the treatment of sickness. If necessary, your GP may be able to offer you additional services.

Under the GDPR we require your explicit consent to be able to perform this process. Please note the purpose of risk stratification is to prevent and detect health issues therefore we will ask our Patients for their consent to be included in this.

Invoice Validation

If you have received treatment within the NHS, access to your personal information may be required to determine which Clinical Commissioning Group should pay for the treatment or procedure you have received.

This information would most likely include information such as your name, address, date of treatment and may be passed on to enable the billing process. These details are held in a secure environment and kept confidential. This information will only be used to validate invoices and will not be shared for any further purposes.

NHS Health Checks

All of our patients aged 40-74 not previously diagnosed with cardiovascular disease are eligible to be invited for an NHS Health Check. Nobody outside the healthcare team in the practice will see confidential information about you during the invitation process and only contact details would be securely transferred to a data processor (if that method was employed). You may be ‘given the chance to attend your health check either within the practice or at a community venue. If your health check is at a community venue all data collected will be securely transferred back into the practice system and nobody outside the healthcare team in the practice will see confidential information about you during this process.

CCTV (Closed Circuit Television)
Images will be retained for 31 days and then deleted.

All images will be held securely, and all access requests and access to images will be documented.

Images may record individuals and / or record incidents. Not all recordings are designed to identify persons.

The lawful basis of recording CCTV images is for legitimate interests. Images are held to improve the personal security of patients and staff whilst on the premises, and for the prevention and detection of crime, and images may be provided to police or other bodies.

Other than in accordance with statutory rights, the release or availability of images will be at the discretion of the Partners of the Practice, who are Data Controllers for the purposes of the Data Protection Act.

Where access is granted in response to an application received, the image may be edited to exclude images of third parties who may be also included within the requested image. This may be necessary to protect the identity of the third parties. In these circumstances the image released as part of the application may record / identify the “data subject” only.

Images will be located by the Data Controller or authorised person.

When assessing the content of the image to be released the decision will be taken by the Data Controllers having due regard to the requirements of the Data Protection Act and Code of Conduct.

Your Care Connected
Your Care Connected (YCC) is an electronic record sharing system that allows authorised health and care staff to securely view key aspects of the GP record, to provide patients with better and safer care.
Please see the following website for further information: https://midlandsyourcareconnected.nhs.uk
‘The lawful basis for processing this data is for the purposes of provision of health care or treatment’ [Article 9(2) of the GDPR].

How do we maintain the confidentiality of your records?

We are committed to protecting your privacy and will only use information collected lawfully in accordance with the GDPR (which is overseen by the Information Commissioner’s Office), Human Rights Act, the Common Law Duty of Confidentiality, and the NHS Codes of Confidentiality and Security.

All of our staff, contractors and committee members receive appropriate and on-going training to ensure they are aware of their personal responsibilities and have contractual obligations to uphold confidentiality, enforceable through disciplinary procedures. Only a limited number of authorised staff has access to personal information where it is appropriate to their role and is strictly on a need-to-know basis.

We maintain our duty of confidentiality to you always. We will only ever use or pass on information about you if others involved in your care have a genuine need for it. We will not disclose your information to any third party without your permission unless there are exceptional circumstances (i.e. life or death situations), or where the law requires information to be passed on.

Who are our partner organisations?

We may also have to share your information, subject to strict agreements on how it will be used. The following are examples of the types of organisations that we are likely to share information with:
• NHS and specialist hospitals, Trusts
• Independent Contractors such as dentists, opticians, pharmacists
• Private and Voluntary Sector Providers
• Ambulance Trusts
• Clinical Commissioning Groups and NHS England
• Social Care Services and Local Authorities
• Education Services
• Police, Fire and Rescue Services
• Other ‘data processors’ during specific project work e.g. Diabetes UK

Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data: –
• The right to request a copy of your personal data which this practice holds about you;
• The right to request that this practice corrects any personal data if it is found to be inaccurate or out of date;
• The right to request your personal data is erased where it is no longer necessary for the practice to retain such data. Although please note for Patients at this practice, your records will be retained until death;
• The right to withdraw consent to the processing at any time;
• The right to data portability;
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
• The right to lodge a complaint with the Information Commissioners Office.

Contact Details
Should you have any concerns about how your information is managed or wish to object to any of the data collection at the Practice, please contact the Practice Manager or your healthcare professional to discuss how the disclosure of your personal information can be restricted. All patients have the right to change their minds and reverse a previous decision. Please contact the practice if you change your mind regarding any previous choice.
If you would like to make a ‘data subject access request’ please contact the practice in writing. We will endeavour to respond to your request within one calendar month or two months if the request is complex.
Any changes to this notice will be published on our website and on the Practice notice board.
Suspected breaches in data protection can be reported to the independent OHP Data Protection Officer Umar Sabat  on 0121 422 1366. Breaches in data protection will result in an incident investigation. Serious breaches will be reported to the ICO.
It is the responsibility of all employees of the practice to report suspected breaches of information security to the Practice lead and Data Protection Officer without delay.
The Practice is registered as a data controller with the ICO. The registration number is Z7394759 and can be viewed online in the public register at: ico.org.uk. You can contact the ICO on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.

Sharing your personal data

Sometimes information about you may be requested to be used for research purposes. The Practice will always endeavour to gain your consent before releasing the information.

Under the powers of the Health and Social Care Act 2012 (HSCA) the Health and Social Care Information Centre (HSCIC) can request Personal Confidential Data (PCD) from GP Practices without seeking the patient’s consent. Improvements in information technology are also making it possible for us to share data with other healthcare providers with the objective of providing you with better care.

Any patient can choose to exercise their right of objection specified under the GDPR regarding their PCD being used in this way. When the Practice is about to participate in any new data-sharing scheme we will make patients aware by displaying prominent notices in the surgery and on our website at least four weeks before the scheme is due to start. We will also explain clearly what you have to do to ‘opt-in’ of each new scheme.

Though a patient can object to their personal information being shared with other health care providers but if this limits the treatment that you can receive then the doctor will explain this to you at the time.

Risk Stratification

Risk stratification is a process for identifying and managing patients who are at a higher risk of emergency hospital admission. Typically, this is because patients have a long-term condition such as COPD or cancer. NHS England encourages GPs to use risk stratification tools as part of their local strategies for supporting patients with long-term conditions and to help prevent avoidable admissions.

Information about you is collected from several sources including NHS Trusts and from this GP Practice. A risk score is then arrived at through an analysis of your anonymous information using computer programmes. Your information is only provided back to your GP or member of your care team in an identifiable form. Risk stratification enables your GP to focus on the prevention of ill health and not just the treatment of sickness. If necessary, your GP may be able to offer you additional services.

Under the GDPR we require your explicit consent to be able to perform this process. Please note the purpose of risk stratification is to prevent and detect health issues therefore we will ask our Patients for their consent to be included in this.

Invoice Validation

If you have received treatment within the NHS, access to your personal information may be required to determine which Clinical Commissioning Group should pay for the treatment or procedure you have received.

This information would most likely include information such as your name, address, date of treatment and may be passed on to enable the billing process. These details are held in a secure environment and kept confidential. This information will only be used to validate invoices and will not be shared for any further purposes.

NHS Health Checks

SMALL HEATH MEDICAL PRACTICE Privacy Notice for Patients

Introduction

This privacy notice lets you know what happens to any personal data that you give to us, or any information that we may collect from you or about you from other organisations.

This privacy notice applies to personal information processed by or on behalf of the practice.

This Notice explains

• Who we are and how we use your information.
• Information about our Data Protection Officer
• What kinds of personal information about you we hold and what information we use (process)
• The legal grounds for processing your personal information (including when we share it with others)
• What to do if your personal information changes
• For how long your personal information is retained/stored by us
• What your rights are under Data Protection laws

The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA18) became law on 25th May 2018. The GDPR is a single EU-wide regulation on the protection of confidential and sensitive information and the DPA18 implements the regulations into comprehensive UK legislation. Following the decision for the UK to leave the European Union and following the end of the transition period, from January 1^st, 2021 the UK will be subject to an Adequacy Agreement which will allow data to continue to be shared with European Union Countries without further safeguarding being necessary.  This is for a period of four months to allow the European Commission suitable time to grant the UK with adequacy status, meaning they have met the required standards in ensuring data transfers to and from the UK are safe.  All references to GDPR will now be referred to as UK GDPR.

For the purpose of applicable data protection legislation (including UK GDPR) and the Data Protection Act 2018 the practice responsible for your personal data, and referred to at the Data Controller, is SMALL HEATH MEDICAL PRACTICE.

This Notice describes how we collect, use, and process your personal data, and how in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.

How we use your information and the law

SMALL HEATH MEDICAL PRACTICE will be the “Data Controller” of your personal data.

We collect basic personal data about you and location-based information.  This includes name, address, contact details (such as email address and mobile number etc.)

We will also collect sensitive confidential data known as “special category personal data”, in the form of health information, religious beliefs, (if required in a healthcare setting) ethnicity, sexuality etc. that are linked to your healthcare; we may also receive this information about you from other health providers or third parties.

Your rights over your personal data

As an individual you have the following rights over your personal:

Right to be informed – you have the right to be informed on how we handle, process, and share your personal information; this privacy notice ensures as a practice we satisfy this right.

Right to access your personal information– you can request access to and/or copies of the personal data we hold about you, free of charge (subject to exemptions) within one calendar month.  Such requests can be made verbally or in writing, but we do request that you provide us with adequate information to process your request, such as providing full name, address, date of birth, NHS number and details of your request and, where necessary, any documents to verify your identity.

On processing a request there may be occasions when information may be withheld if we as a practice believe that releasing the information to you could cause serious harm or distress. Information may also be withheld if another person (i.e., third party) is identified in the record, and they do not want their information disclosed to you. However, if the other person mentioned in your records was acting in their professional capacity in caring for you, in normal circumstances they could not prevent you from having access to that information.

To request a copy or request access to information we hold about you and/or to request information to be corrected if it is inaccurate, please contact: Dr Helen Sweeney 2 GREAT WOOD ROAD, SMALL HEATH, BIRMINGHAM, WEST MIDLANDS  B10 9QE

Right to rectification – The correction of personal data when incorrect, out of date or incomplete will be acted upon within one calendar month of receipt of such a request.  Please ensure SMALL HEATH MEDICAL PRACTICE has the correct contact details for you at all times.

Right to erasure – Under Article 17 of the UK GDPR individuals have the right to have personal data erased. This is also known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances, for example when your personal data is no longer necessary for the purpose which it was originally collected or processed it for of if you wish to withdraw your consent after you have previously given your consent.

Right to restrict processing – Article 18 of the UK GDPR gives individuals the right to restrict the processing of their personal data in certain circumstances. This means that you can limit the way that the practice uses your data. This is an alternative to requesting the erasure of your data. Individuals have the right to restrict the processing of their personal data where they have a particular reason for wanting the restriction.

Right to data portability – The right to data portability gives individuals the right to receive personal data they have provided to the Practice in a structured, commonly used, and machine-readable format (i.e., email, upload to a portable device etc.).

Right to object to processing – you have the right to object to processing, however please note if we can demonstrate compelling legitimate grounds which outweighs your interest, then processing can continue.  If we did not process any information about you and your health care if would be very difficult for us to care and treat you.

Rights in relation to automated decision making and profiling – Automated individual decision-making is a decision made by automated means (i.e., a computer system) without any human involvement.  If any of the processes we use rely on automated decision making, you do have the right to ask for a human to review any computer-generated decision at any point.

Why we need your information

The health care professionals who provide you with care maintain records about your health and any treatment or care you have received previously.  These records help to provide you with the best possible healthcare and treatment.

NHS health records may be electronic, paper-based or a mixture of both.  We use a combination of working practices and technology to ensure that your information is kept confidential and secure.

Records about you may include the following information:

• Details about you, such as your address, your carer or legal representative and emergency contact details.
• Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments.
• Notes and reports about your health.
• Details about your treatment and care.
• Results of investigations such as laboratory tests, x-rays etc.
• Relevant information from other health professionals, relatives or those who care for you.
• Contact details (including email address, mobile telephone number and home telephone number)

To ensure you receive the best possible care, your records are used to facilitate the care you receive, including contacting you. Information held about you may be used to help protect the health of the public and to help us manage the NHS and the services we provide. Limited information may be used within the GP practice for clinical audit to monitor the quality of the service we provided.

How we lawfully use your data

We need your personal, sensitive, and confidential data in order to provide you with healthcare services as a General Practice, under the UK GDPR we will be lawfully using your information in accordance with:

Article 6 (1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Article 9 (2) (h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems.

This Privacy Notice applies to the personal data of our patients and the data you have given us about your carers/family members.

Risk Stratification

Risk stratification data tools are increasingly being used in the NHS to help determine a person’s risk of suffering a condition, preventing an unplanned or (re)admission and identifying a need for preventive intervention. Information about you is collected from several sources including NHS Trusts and from this GP Practice. The identifying parts of your data are removed, analysis of your data is undertaken, and a risk score is then determined. This is then provided back to your GP as data controller in an identifiable form. Risk stratification enables your GP to focus on initiatives for preventing ill health and not just the treatment of sickness, so being far more proactive in an ever-changing health climate.  As a result of risk stratification, your GP may be able to offer you additional services. Please note that you have the right to opt-out of your data being used in this way in most circumstances; please see appendix A for further information and contact the practice if you wish to discuss opt-out preferences.

Individual Risk Management at a GP practice level however is deemed to be part of your individual healthcare and is covered by our legal powers above.

Our data processor for Risk Stratification is: Dr Helen Sweeney

Medicines Management

The Practice may conduct Medicines Management Reviews of medications prescribed to its patients. This service performs a review of prescribed medications to ensure patients receive the most appropriate, up to date and cost-effective treatments. The reviews are carried out by the Clinical Commissioning Group’s Medicines Management Team under a Data Processing contract with the Practice.

Patient Communication

The Practice would like to use your name, contact details, and email address to inform you of NHS services, or provide inform about your health/information to manage your healthcare or information about the management of the NHS service.  There may be occasions where authorised research facilities would like you to take part in research in regard to your particular health issues, to try and improve your health. Your contact details may be used to invite you to receive further information about such research opportunities, but you must give your explicit consent to receive messages for research purposes.

Safeguarding

The Practice is dedicated to ensuring that the principles and duties of safeguarding adults and children are holistically, consistently, and conscientiously applied with the wellbeing of all patients at the heart of what we do.

Our legal basis for processing information for safeguarding purposes, as stipulated in the UK GDPR is:

Article 6(1)(e) ‘…exercise of official authority…’.

For the processing of special categories data, the basis is:

Article 9(2)(b) – ‘processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law…’

Categories of personal data

The data collected by Practice staff in the event of a safeguarding situation, will be minimised to include only the personal information as is necessary in order to handle the situation. In addition to some basic demographic and contact details, we will also process details of what the safeguarding concern is. This is likely to be special category information.

Sources of the data

The Practice will either receive or collect information when someone contacts the organisation with safeguarding concerns, or we believe there may be safeguarding concerns and make enquiries to relevant providers.

Recipients of personal data

The information is used by the Practice when handling a safeguarding incident or concern. We may share information accordingly to ensure duty of care and investigation as required with other partners such as local authorities, the police or healthcare professionals (i.e., their GP or mental health team).

Research

Clinical Practice Research Datalink (CPRD) collects anonymised patient data from a network of GP practices across the UK. Primary care data is linked to a range of other health related data to provide a fully representative UK population health dataset.  You can opt out of your information being used for research purposes at any time (as detailed in Appendix A) and full details on CRPD can be found here:

https://cprd.com/transparency-information

The legal bases for processing this information

CPRD do not hold or process personal data on patients; however, NHS Digital may process ‘personal data’ for use as an accredited ‘safe haven’ or ‘trusted third-party’ within the NHS when linking GP data with data from other sources. The legal bases for processing this data are:

• Medicines and medical device monitoring: Article 6(e) and Article 9(2)(i) – public interest in the area of public health
• Medical research and statistics: Article 6(e) and Article 9(2)(j) – public interest and scientific research purposes

Any data CPRD hold or pass onto bona fide researchers, except for clinical research studies, will have been anonymised in accordance with the Information Commissioner’s Office Anonymisation Code of Practice. We will hold data indefinitely for the benefit of future research, but studies will normally only hold the data we release to them for twelve months.

Third party processors

In order to deliver the best possible service, the practice will share data (where required) with other NHS bodies such as other GP practices and hospitals. In addition, the practice will use carefully selected third party service providers. When we use a third-party service provider to process data on our behalf then we will always have an appropriate agreement in place to ensure that they keep the data secure, that they do not use or share information other than in accordance with our instructions and that they are operating appropriately. Examples of functions that may be carried out by third parties include:

• Companies that provide IT services & support, including our core clinical systems; systems which manage patient facing services (such as our website and service accessible through the same); data hosting service providers; systems which facilitate appointment bookings or electronic prescription services; document management services etc.
• Delivery services (for example if we were to arrange for delivery of any medicines to you).
• Payment providers (if for example you were paying for a prescription or a service such as travel vaccinations).

Further details regarding specific third-party processors can be supplied on request to the practice.

How we maintain the confidentiality of your records

We are committed to protecting your privacy and will only use information collected lawfully in accordance with:

• Data Protection Act 2018
• The General Data Protection Regulations 2016 (UK GDPR)
• Human Rights Act 1998
• Common Law Duty of Confidentiality
• Health and Social Care Act 2012
• NHS Codes of Confidentiality, Information Security and Records Management
• Information: To Share or Not to Share Review

Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential.

We will only ever use or pass on information about you if others involved in your care have a genuine need for it. We will not disclose your information to any third party without your permission unless there are exceptional circumstances (i.e., life or death situations), where the law requires information to be passed on and/or in accordance with the information sharing principle following Dame Fiona Caldicott’s information sharing review (Information to share or not to share) where “The duty to share information can be as important as the duty to protect patient confidentiality.” This means that health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by the Caldicott principles.

Our practice policy is to respect the privacy of our patients, their families, and our staff and to maintain compliance with the UK GDPR and all UK specific Data Protection Requirements. Our policy is to ensure all personal data related to our patients will be protected.

All employees and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. The practice will, if required, sign a separate confidentiality agreement if the client deems it necessary.  If a sub-contractor acts as a data processor for SMALL HEATH MEDICAL PRACTICE an appropriate contract will be established for the processing of your information.

In certain circumstances you may have the right to withdraw your consent to the processing of data. Please contact the Dr Helen Sweeneyin writing if you wish to withdraw your consent.  If some circumstances we may need to store your data after your consent has been withdrawn to comply with a legislative requirement.

Some of this information will be held centrally and used for statistical purposes. Where we do this, we take strict measures to ensure that individual patients cannot be identified. Sometimes your information may be requested to be used for research purposes – the surgery will always gain your consent before releasing the information for this purpose in an identifiable format.   In some circumstances you can Opt-out of the surgery sharing any of your information for research purposes.

With your consent we would also like to use your information

There are times that we may want to use your information to contact you or offer you services, not directly about your healthcare, in these instances we will always gain your consent to contact you.  We would however like to use your name, contact details, and email address to inform you of other services that may benefit you.  We will only do this with your consent.  There may be occasions where authorised research facilities would like you to take part on innovations, research, improving services or identifying trends, you will be asked to opt into such programmes if you are happy to do so.

At any stage where we would like to use your data for anything other than the specified purposes and where there is no lawful requirement for us to share or process your data, we will ensure that you have the ability to consent and opt out prior to any data processing taking place.
This information is not shared with third parties or used for any marketing and you can unsubscribe at any time via phone, email or by informing the practice.

Where we store your electronic information

All the personal data we process is processed by our staff in the UK however for the purposes of IT hosting and maintenance this information may be located on servers within the European Union.

No third parties have access to your personal data unless the law allows them to do so and appropriate safeguards have been put in place such as a Data Processing agreement.  We have a Data Protection regime in place to oversee the effective and secure processing of your personal and or special category data.

EMIS Web

The Practice uses a clinical system provided by a Data Processor called EMIS.  Since June 2019, EMIS commenced storing your practice’s EMIS Web data in a highly secure, third party cloud hosted environment, namely Amazon Web Services (“AWS”).

The data will remain in the UK at all times and will be fully encrypted both in transit and at rest. In doing this there will be no change to the control of access to your data and the hosted service provider will not have any access to the decryption keys. AWS is one of the world’s largest cloud companies, already supporting numerous public sector clients (including the NHS), and it offers the very highest levels of security and support.

Our partner organisations

We may also have to share your information, subject to strict agreements on how it will be used, with the following organisations:

• NHS Trusts/Foundation Trusts
• GP’s
• Primary Care Networks
• Integrated Care Systems
• NHS Commissioning Support Units
• Independent Contractors such as dentists, opticians, pharmacists
• Private Sector Providers
• Voluntary Sector Providers
• Ambulance Trusts
• Clinical Commissioning Groups
• Social Care Services
• NHS England (NHSE) and NHS Digital (NHSD)
• Multi Agency Safeguarding Hub (MASH)
• Local Authorities
• Education Services
• Fire and Rescue Services
• Police & Judicial Services
• Other ‘data processors’ which you will be informed of

You will be informed who your data will be shared with and in some cases asked for consent for this to happen when this is required.

Computer System of Choice

This practice operates a Clinical Computer System of Choice on which NHS Staff record information securely.  This information can then be shared with other clinicians so that everyone caring for you is fully informed about your medical history, including allergies and medication.

To provide around the clock safe care, unless you have asked us not to, we will make information available to our Partner Organisations (as listed above).  Wherever possible, their staff will ask for your consent before your information is viewed.

Shared Care Records

To support your care and improve the sharing of relevant information to our partner organisations when they are involved in looking after you, we will share information to other systems.  You can opt-out of this sharing of your records with our partners at any time if this sharing is based on your consent.

We may also use external companies to process personal information, such as for archiving purposes. These companies are bound by contractual agreements to ensure information is kept confidential and secure.  All employees and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. If a sub-contractor acts as a data processor for SMALL HEATH MEDICAL PRACTICE an appropriate contract will be established for the processing of your information.

Birmingham and Solihull Shared Care Record

Small Heath Medical Practice works with other health and social care organisations to share information that will form part of your Shared Care Record. The Shared Care Record allows health and care professionals involved in your care to view your records to help them understand your needs and make the best decisions with you, and for you. Information we hold about you will be available, to read only, to other health and care professionals in Birmingham and Solihull, Coventry and Warwickshire, and Herefordshire and Worcestershire when they are involved in your health or social care.

For more information on how your data is used on the Shared Care Record and how to exercise your rights please see the full Privacy Notice or copy and paste this link: www.livehealthylivehappy.org.uk/birmingham-and-solihull-shared-care-record/privacy-notice/.

Sharing your information without consent

We will normally ask you for your consent, but there are times when we may be required by law to share your information without your consent, for example:

• where there is a serious risk of harm or abuse to you or other people.
• Safeguarding matters and investigations
• where a serious crime, such as assault, is being investigated or where it could be prevented.
• notification of new births
• where we encounter infectious diseases that may endanger the safety of others, such as meningitis or measles (but not HIV/AIDS)
• where a formal court order has been issued

where there is a legal requirement, for example if you had committed a Road Traffic Offence.

How long we store your information for

We are required under UK law to keep your information and data for the full retention periods as specified by the NHS Records management code of practice for health and social care and national archives requirements.

More information on records retention can be found in the NHS Records Management Code of Practice 2020

https://www.nhsx.nhs.uk/media/documents/NHSX_Records_Management_Code_of_Practice_2020_3.pdf

Destruction

This will only happen following a review of the information at the end of its retention period. Where data has been identified for disposal, we have the following responsibilities:

• to ensure that information held in manual form is destroyed using a cross-cut shredder or contracted to a reputable confidential waste company Shred Pro that complies with European Standard EN15713 and obtain certificates of destruction.
• to ensure that electronic storage media used to store, or process information are destroyed or overwritten to national standards.

Primary Care Networks

The objective of Primary Care Networks (PCNs) is for group practices working together to create more collaborative workforces which ease the pressure of GP’s, leaving them better able to focus on patient care. The aim is for all areas within England to be covered by a PCN.

Primary Care Networks form a key building block of the NHS long-term plan. Bringing general practices together to work at scale has been a policy priority for some years for a range of reasons, including improving the ability of practices to recruit and retain staff; to manage financial and estates pressures; to provide a wider range of services to patients and to integrate with the wider health and care system more easily.

All GP practices are expected to come together in geographical networks covering populations of approximately 30–50,000 patients and take advantage of additional funding attached to the GP contract.

This means the practice may share your information with other practices within the PCN to provide you with your care and treatment.

SMALL HEATH MEDICAL PRACTICE  is a member of the Kingstanding, Erdington & Nechells PCN which includes the following local GP Practices:

Bloomsbury Medical Centre

College Road Surgery

Cotmore Surgery

The Dove medical practice

Kingsbury road Surgery

Nechells Practice

The Oakes Medical Centre

Access to your personal information

You have a right under the Data Protection legislation to request access to view or to obtain copies of what information the surgery holds about you and to have it amended should it be inaccurate. For any request you should:

• Make your request directly to the practice. (For information from a hospital or other Trust/ NHS organisation you should write directly to them).
• Be aware that there is no charge to have a copy of the information held about you.
• Be aware that information must be released to you within one calendar month (unless in exceptional circumstances, which you will be informed of a part of the process)

Be aware you may be asked for key information to process the request (for example full name, address, date of birth, NHS number and details of your request) so that your identity can be verified, and your records retrieved.

What to do if your personal information changes

You should tell us so that we can update our records as we are required to keep accurate and up-to-date records at all times.  Please contact the Practice as soon as any of your details change, this is especially important for changes of address or contact details (such as your mobile phone number). The practice will from time to time ask you to confirm that the information we currently hold is accurate and up to date.

Objections/Complaints

Should you have any concerns about how your information is managed at the practice, please contact the Dr Helen Sweeney in the first instance. If you are still unhappy following a review of your concerns by the practice, you have the right to lodge a complaint with a supervisory authority, the Information Commissioner’s Office using the contact details below:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545745

https://ico.org.uk/

If you are happy for your data to be used for the purposes described in this privacy notice, then you do not need to do anything.  If you have any concerns about how your data is shared, then please contact the Practice Data Protection Officer, Caldicott Guardian or IG Lead.

If you would like to know more about your rights in respect of the personal data that we hold about you, please use the contact details below:

IG Lead:

Dr Helen Sweeney

Caldicott Guardian:

Dr Helen Sweeney

Data Protection Officer:

IG Health

Our Health Partnership

B32 1QX

Useful Links

Please find below some links to external webpages which you may wish to access to find out additional information:

• Information Commissioners Office
• Information Governance Alliance
• NHS Constitution
• NHS Digital Guide to Confidentiality in Health and Social Care
• Health Research Authority
• Health Research Authority Confidentiality Advisory Group (CAG)

National Data Opt-Out

Appendix A: National Data Opt-Out Facility

You can choose whether your confidential patient information is used for research and planning.  The practice must evidence compliance with National Data Opt-Out requirements by September 30^th 2021.

Who can use your confidential patient information for research and planning?

It is used by the NHS, local authorities, university and hospital researchers, medical colleges and pharmaceutical companies researching new treatments.

Making your data opt-out choice.

You can choose to opt out of sharing your confidential patient information for research and planning. There may still be times when your confidential patient information is used: for example, during an epidemic where there might be a risk to you or to other people’s health. You can also still consent to take part in a specific research project.

Will choosing this opt-out affect your care and treatment?

No, your confidential patient information will still be used for your individual care. Choosing to opt out will not affect your care and treatment. You will still be invited for screening services, such as screenings for bowel cancer.

What should you do next?

You do not need to do anything if you are happy about how your confidential patient information is used.

If you do not want your confidential patient information to be used for research and planning, you can choose to opt out securely online or through a telephone service.  You can change your choice at any time. To find out more or to make your choice visit https://www.nhs.uk/your-nhs-data-matters/ or call 0300 303 5678.

Please discuss with the IG Lead or Practice Manager for further details.

COVID-19 Privacy Notice

Privacy Notice

(This Privacy Notice is to run alongside our standard Practice Privacy Notice)

Due to the unprecedented challenges that the NHS and we, SMALL HEATH MEDICAL PRACTICE face due to the worldwide COVID-19 pandemic, there is a greater need for public bodies to require additional collection and sharing of personal data to protect against serious threats to public health.

In order to look after your healthcare needs in the most efficient way we, SMALL HEATH MEDICAL PRACTICE may therefore need to share your personal information, including medical records, with staff from other GP Practices including Practices within our Primary Care Network, as well as other health organisations (ie Clinical Commissioning Groups, Commissioning Support Units, Local authorities etc.) and bodies engaged in disease surveillance for the purposes of research, protecting public health, providing healthcare services to the public and monitoring and managing the Covid-19 outbreak and incidents of exposure.

The Secretary of State has served notice under Regulation 3(4) of the Health Service (Control of Patient Information) Regulations 2002 (COPI) to require organisations to process confidential patient information in the manner set out below for purposes set out in Regulation 3(1) of COPI.

Purpose of this Notice

The purpose of this Notice is to require organisations such as SMALL HEATH MEDICAL PRACTICE  to process confidential patient information for the purposes set out in Regulation 3(1) of COPI to support the Secretary of State’s response to Covid-19 (Covid-19 Purpose). “Processing” for these purposes is defined in Regulation 3(2) and includes dissemination of confidential patient information to persons and organisations permitted to process confidential patient information under Regulation 3(3) of COPI. This Notice is necessary to require organisations such as SMALL HEATH MEDICAL PRACTICE  to lawfully and efficiently process confidential patient information as set out in Regulation 3(2) of COPI for purposes defined in regulation 3(1)

Requirement to Process Confidential Patient Information

The Secretary of State has served notice to recipients under Regulation 3(4) that requires SMALL HEATH MEDICAL PRACTICE to process confidential patient information, including disseminating to a person or organisation permitted to process confidential patient information under Regulation 3(3) of COPI.

SMALL HEATH MEDICAL PRACTICE  is only required to process such confidential patient information:

• where the confidential patient information to be processed is required for a Covid-19 Purpose and will be processed solely for that Covid-19 Purpose in accordance with Regulation 7 of COPI
• from 20^th March 2020 until 30th September 2020.

Covid-19 Purpose

A Covid-19 Purpose includes but is not limited to the following:

• understanding Covid-19 and risks to public health, trends in Covid-19 and such risks, and controlling and preventing the spread of Covid-19 and such risks
• identifying and understanding information about patients or potential patients with or at risk of Covid-19, information about incidents of patient exposure to Covid-19 and the management of patients with or at risk of Covid-19 including: locating, contacting, screening, flagging and monitoring such patients and collecting information about and providing services in relation to testing, diagnosis, self-isolation, fitness to work, treatment, medical and social interventions and recovery from Covid-19
• understanding information about patient access to health services and adult social care services and the need for wider care of patients and vulnerable groups as a direct or indirect result of Covid-19 and the availability and capacity of those services or that care
• monitoring and managing the response to Covid-19 by health and social care bodies and the Government including providing information to the public about Covid-19 and its effectiveness and information about capacity, medicines, equipment, supplies, services and the workforce within the health services and adult social care services
• delivering services to patients, clinicians, the health services and adult social care services workforce and the public about and in connection with Covid-19, including the provision of information, fit notes and the provision of health care and adult social care services
• research and planning in relation to Covid-19.

Summary Care Records

Summary Care Records (SCR) are an electronic record of important patient information, created from the GP medical records held at SMALL HEATH MEDICAL PRACTICE . They can be seen and used by authorised staff who work in other areas of the health and care system who are involved in your direct care. Patients who have already consented to having additional information added to their SCR will have additional information shared, which will include Anticipatory Care Plans for vulnerable, frail or elderly patients, although particularly sensitive information will not be automatically included in the sharing. The SCR will help a wide variety of organisation in response to COVID-19, as detailed above.

Recording of processing

A record will be kept by SMALL HEATH MEDICAL PRACTICE  of all data processed under this Notice.

Sending Public Health Messages

Data protection and electronic communication laws will not stop SMALL HEATH MEDICAL PRACTICE  from sending public health messages to you, either by phone, text or email as these messages are not direct marketing.

Digital Consultations

It may also be necessary, where the latest technology allows SMALL HEATH MEDICAL PRACTICE to do so, to use your information and health data to facilitate digital consultations and diagnoses and we will always do this with your security in mind.

Visitors to The Practice

We have an obligation to protect our staff and employees’ health, so it is reasonable for staff at SMALL HEATH MEDICAL PRACTICE to ask any visitors to our practice to tell us if they have visited a particular country, or are experiencing COVID-19 symptoms. This must only be in pre-approved circumstances and we would also ask all patients to consider government advice on the NHS 111 website and not attend the practice.

Where it is necessary for us to collect information and specific health data about visitors to our practice, we will not collect more information than we need, and we will ensure that any information collected is treated with the appropriate safeguards.

Review and Expiry of this Notice

This Notice will be reviewed on or before 30 September 2020 and may be extended by The Secretary of State. If no further notice is sent to SMALL HEATH MEDICAL PRACTICE by The Secretary of State this Notice will expire on 30 September 2020.